- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (21/12/2017)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 06/04/2020
Point in time view as at 21/12/2017.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, SCHEDULE 1B.
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Regulation 4ZA
Textual Amendments
F1Sch. 1B inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 22, Sch. 1
1.—(1) A lone parent who is responsible for, and a member of the same household as—
(a)a single child aged under 5, or
(b)more than one child where the youngest is aged under 5.
(2) A lone parent who is under the age of 18.]
Textual Amendments
F2Sch. 1B para. 1 substituted (21.5.2012) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/874), regs. 1(2), 2(2) (with reg. 7, )
[F32. A single claimant or a lone parent with whom a child is placed—
(a)by a local authority or voluntary organisation within the meaning of the Children Act 1989;
(b)by a local authority or voluntary organisation within the meaning of the Children (Scotland) Act 1995;
(c)by virtue of any order or warrant made under the Children’s Hearings (Scotland) Act 2011.]
Textual Amendments
2A. A single claimant or a lone parent with whom a child is placed for adoption by an adoption agency within the meaning of the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.]
Textual Amendments
3. A person who is—
(a)looking after a child because the parent of that child or the person who usually looks after him is [F5temporarily] ill or is temporarily absent from his home; or
(b)looking after a member of his family who is temporarily ill.
Textual Amendments
F5Word in Sch. 1B para. 3(a) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(12)(a)
4. A person (the carer)—
(a)who is regularly and substantially engaged in caring for another person if—
(i)the person being cared for is in receipt of attendance allowance F6... [F7[F8, armed forces independence payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act] or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act]; or
(ii)the person being cared for has claimed attendance allowance F9... but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
[F10(iia)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;] [F11or]
(iii)the person being cared for has claimed entitlement to a disability living allowance [F12, armed forces independence payment] [F13or personal independence payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
[F14(iiia)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance][F15; or
(iv)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment), an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;]
(b)who is engaged in caring for another person and [F16who is both entitled to, and in receipt of,] [F17a carer’s allowance] [F18 or would be in receipt of that allowance but for the application of a restriction under section [F196B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)].
Textual Amendments
F6Words in Sch. 1B para. 4(a)(i) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(2)
F7Words in Sch. 1B para. 4(a)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(4)(a)
F8Words in Sch. 1B para. 4(a)(i) substituted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 4(4)(a)
F9Words in Sch. 1B para. 4(a)(ii) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(3)
F10Sch. 1B para. 4(a)(iia) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(4)
F11Word in Sch. 1B para. 4(a)(iia) inserted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 (S.I. 2001/859), regs. 1(3), 3(4)
F12Words in Sch. 1B para. 4(a)(iii) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 4(4)(b)
F13Words in Sch. 1B para. 4(a)(iii) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(4)(b)
F14Sch. 1B para. 4(a)(iiia) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 33(5)
F15Sch. 1B para. 4(a)(iv) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 11(4)(c)
F16Words in Sch. 1B para. 4(b) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(1)
F17Words in Sch. 1B substituted (1.4.2003) by The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2
F18Words in Sch. 1B para. 4(b) added (1.4.2002) by The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 (S.I. 2002/490), regs. 1(1), 4
F19Words in Sch. 1B para. 4(b) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 10(2)
5. A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.
Modifications etc. (not altering text)
C1Sch. 1B paras. 5, 6 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), reg. 27(1)
6. A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.
Modifications etc. (not altering text)
C1Sch. 1B paras. 5, 6 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), reg. 27(1)
7. A person who—
F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)is treated as capable of work by virtue of regulations made under section 171E(1) of [F22the Contributions and Benefits Act] (disqualification etc.); or
(d)is entitled to statutory sick pay.
Textual Amendments
F20Words in Sch. 1B para. 7 heading substituted (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(2)(e) (with reg. 3(7))
F21Sch. 1B para. 7(a)(b) revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
F22Words in Sch. 1B para. 7(c) substituted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 2(2)(a)
Modifications etc. (not altering text)
C2Sch. 1B para. 7(a) excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
C3Sch. 1B para. 7(b) excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
7A. A person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations 1995.]
Textual Amendments
F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 1B para. 9 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(a)(ii) (with reg. 4(3)(4))
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 1B para. 9 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), regs. 1(2), 4(1)(a)(ii) (with reg. 4(3)(4))
9A. A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.]
Textual Amendments
F25Sch. 1B para. 9A inserted (9.4.2001) by The Social Security (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/488), regs. 1(1), 5
F2610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 1B para. 10 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
Modifications etc. (not altering text)
C4Sch. 1B para. 10 excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
11. A person who is a [F27full-time student] and who—
(a)immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in force; or
(b)on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),
but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.
Textual Amendments
F27Words in Sch. 1B para. 11 substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(5), Sch.
F2812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 1B para. 12 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
Modifications etc. (not altering text)
C5Sch. 1B para. 12 excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
F2913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 1B para. 13 revoked (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 2(1)(b) (with reg. 2(2)-(4))
Modifications etc. (not altering text)
C6Sch. 1B para. 13 excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 22(c) (with reg. 3)
14. A woman who—
(a)is incapable of work by reason of pregnancy; or
(b)is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending F30... [F31 fifteen weeks after the date on which her pregnancy ends F30...].
Textual Amendments
F30Words in Sch. 1B para. 14(b) omitted (1.11.2010) by virtue of The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 2(2)(b)
F31Words in Sch. 1B para. 14(b) inserted (24.11.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(a), 2(5)(a)
14A.—(1) A person who is—
(a)entitled to, and taking, parental leave by virtue of Part III of the Maternity and Parental Leave etc. Regulations 1999 in respect of a child who is a member of his household; and
(b)not entitled to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; and
(c)entitled toF33..., [F34working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.
(2) In this paragraph “remuneration” means payment of any kind [F35and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F36but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002]. ]
Textual Amendments
F32Sch. 10 paras. 58, 59 added (3.4.2000) by The Social Security Amendment (Employment Zones) Regulations 2000 (S.I. 2000/724), regs. 1(1), 3(4)(a)
F33Words in Sch. 1B para. 14A(1)(c) omitted (8.8.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 2(3)(a)
F34Words in Sch. 1B para. 14A(1)(c) inserted (7.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), reg. 1(5)(b), Sch. 1 para. 19(a)
14B.—(1) A person who is entitled to, and is taking, F38[F39... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996] and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
(2) The conditions for the purposes of sub-paragraph (1) are—
(a)he is not entitled to F38[F40... statutory paternity pay] by virtue of Part 12ZA of the Contributions and Benefits Act, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
(b)he is entitled toF41..., [F42working tax credit, child tax credit payable at a rate higher than the family element,] housing benefit or council tax benefit on the day before that leave begins.
(3) In this paragraph “remuneration” means payment of any kind [F43and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations] [F44but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002. ]]
Textual Amendments
F37Sch. 1B para. 14B inserted (8.12.2002) by The Social Security (Paternity and Adoption) Amendment Regulations 2002 (S.I. 2002/2689), regs. 1(1)(b), 2(5)(b)
F38Word in Sch. 1B para. 14B omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 5(5)
F39Words in Sch. 1B para. 14B(1) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 3(3)(a)
F40Words in Sch. 1B para. 14B(2)(a) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 3(3)(b)
F41Words in Sch. 1B para. 14B(2)(b) omitted (8.8.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 2(3)(a)
F42Words in Sch. 1B para. 14B(2)(b) inserted (7.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), reg. 1(5)(b), Sch. 1 para. 19(a)
15. A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, [F45disabled persons, persons with limited leave to enter or remain], orphans and persons estranged from their parents or guardian) applies.
Textual Amendments
F45Words in Sch. 1B para. 15 substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(a)
15A.—[F47(1) A person (“P”) who satisfies the following conditions.
(2) The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.
(3) The second condition is that P is—
(a)under the age of 21; or
(b)21 and attained that age whilst undertaking a course of full-time, non-advanced education.
(4) The third condition is that—
(a)P has no parent;
(b)of necessity P has to live away from P’s parents because—
(i)P is estranged from P’s parents,
(ii)P is in physical or moral danger, or
(iii)there is a serious risk to P’s physical or mental health; or
(c)P is living away from P’s parents because they are unable to support P financially and are—
(i)chronically sick or mentally or physically disabled,
(ii)detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or
(iii)prohibited from entering or re-entering Great Britain.]
F48(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
[F49“course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—
provided at a school or college, or
provided elsewhere but is approved by the Secretary of State as being such a course,
and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)]
“parent” includes a person acting in place of a parent which—
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).
Textual Amendments
F46Sch. 1B para. 15A heading substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 11(a)
F47Sch. 1B para. 15A(1)-(4) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 11(b)
F48Sch. 1B para. 15A(5) omitted (1.4.2012) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 11(c)
F49Words in Sch. 1B para. 15A(6) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 11(d)
F5016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Sch. 1B para. 16 omitted (7.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(6), 5(6)
F5116A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
18. A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 and who—
(a)is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and
(b)on the date on which that course commenced, had been in Great Britain for not more than 12 months,
but only for a period not exceeding nine months.
F5318A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53Sch. 1B para. 18A ceases to have effect (14.6.2007) by virtue of Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (c. 19), ss. 12(2)(a)(ii), 48(3)(c); S.I. 2007/1602, art. 2(1) (with art. 2(3))
19.—(1) A person who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.
(2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.]
Textual Amendments
20. A person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work).
21. A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.]
Textual Amendments
F55Sch. 1B para. 21 substituted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009 (S.I. 2009/3228), reg. 3(2)(d)
22. A person remanded in, or committed in, custody for trial or for sentencing.
23. A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.
24. A person—
(a)in respect of whom it has been determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that he is not incapable of work; and
(b)whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work); and
(c)who has made and is pursuing an appeal against the [F57decision which embodies a] determination that he is not so incapable,
but only for the period prior to the determination of his appeal.
Textual Amendments
25. A person—
(a)in respect of whom it has been determined for the purposes of section 171C of the Contributions and Benefits Act (the [F58personal capability assessment]) that he is not incapable of work; and
(b)who has made and is pursuing an appeal against the [F59decision which embodies a] determination that he is not so incapable,
but only for the period [F60beginning with the date on which that determination takes effect until] the determination of his appeal.
Textual Amendments
F58Words in Sch. 1B para. 25 substituted (3.4.2000) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 (S.I. 1999/3109), regs. 1(1), 6
F59Words in Sch. 1B para. 25 inserted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 3(1), Sch. 6 para. 3(a)
F60Words in Sch. 1B para. 25 substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 6
F6126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F61Sch. 1B paras. 26, 27 omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(11)
F6127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F61Sch. 1B paras. 26, 27 omitted (14.4.2008) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), regs. 1(1), 2(11)
28. A person who is [F63not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is] engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F64secured by the [F65[F66Secretary of State]F67...] or by the [F68Welsh Ministers]] and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, [F69Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).]
Textual Amendments
F62Sch. 1B para. 28 heading inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(b)
F63Words in Sch. 1B para. 28 inserted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(7)(c)
F64Words in Sch. 1B para. 28 substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 4
F65Words in Sch. 1B para. 28 substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(4)
F66Words in Sch. 1B para. 28 substituted (1.5.2012) by The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 3(4)
F67Words in Sch. 1B para. 28 omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(4)
F68Words in Sch. 1B para. 28 substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 2(6)
F69Words in Sch. 1B para. 28 inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(3)(b)
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